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  1. #1
    Join Date
    Jul 2010
    Posts
    3

    Default Dismissing a Domestic Violence Case

    My question involves criminal law for the state of: NY
    Queens county.
    Me and my wife got in to a heated arguement. I pushed her and she pushed me. we ripped each other clothes and i left. Out of anger she called the cops. Didnt think they would lock me up. She gave a biased statement and signed it. Weeks later i get a call that i was going to have to get charged. She couldnt beleive it and begged the detective to let it go. He told us becuase it was already innitated there was nothing that could be done. I went in to get arrested and got charged. They sent my wife a letter basically supporting the case. She didnt sign it and called requesting they drop the charges. My questions is if all they have is a statement and no supporting depposition will the da bluf trial and let the clock run out. They know my wife doesnt want to persue charges. Or will they try to move forward anyway.
    the charges are attempted assault, harassing with physical conduct and menacing. They told my wife they do not want to persue the menacing anymore.
    one lawyer told me if i go with him he will contact the da and tell them we want this dismissed and will let the clock run. They will not get the supporting deppo.

  2. #2

    Default Re: Dismissing Domestic Violence Case

    Quote Quoting themadmon
    View Post
    My question involves criminal law for the state of: NY
    Queens county.
    Me and my wife got in to a heated arguement. I pushed her and she pushed me. we ripped each other clothes and i left. Out of anger she called the cops. Didnt think they would lock me up.
    No idea why people think that - it's been a good 15 YEARS since standard procedure was to tell people to take a walk around the block and cool off. These days, DV gets treated like the crime that it is - so when people call and report a crime, and police have probable cause to think that the crime occurred, and that a particular suspect did it - the NATURAL outcome is arrest. That's what police DO.


    She gave a biased statement and signed it. Weeks later i get a call that i was going to have to get charged. She couldnt beleive it and begged the detective to let it go. He told us becuase it was already innitated there was nothing that could be done. I went in to get arrested and got charged. They sent my wife a letter basically supporting the case. She didnt sign it and called requesting they drop the charges.
    All crimes, even domestic violence, are considered crimes againt ALL members of society. Once the victim reports the crime, they become, from a legal standpoint, a witness. Whether the case moves forward or not is completely up to the DA - and they KNOW before they even open the case file on a DV case that there's a 90% chance that the vicitm will beg to have the charges dropped - it's part of the entire dynamic of domestic violence - so they are VERY adept at ignoring those requests. They, more than anyone but police, are keenly aware that DV tends to be an escalating crime, and DAs would rather try a DV case now than a homicide or attempted homicide case later.


    My questions is if all they have is a statement and no supporting depposition will the da bluf trial and let the clock run out.
    Not if they think they've got a case they won't. Prosecutors get paid to prosecute, not drop cases.

    They know my wife doesnt want to persue charges. Or will they try to move forward anyway.
    Irrelevent. If they think they can make a case, they'll make a case.


    the charges are attempted assault, harassing with physical conduct and menacing. They told my wife they do not want to persue the menacing anymore.
    Tt's common for police to arrest on one set of charges, and then once the DA reviews the case for charges to be added. modified, or dropped.

    one lawyer told me if i go with him he will contact the da and tell them we want this dismissed and will let the clock run. They will not get the supporting deppo.
    Every defendant wants their case dismissed. Even without a supporting depo, the victim can still be subpoena'd to testify. If they've got police to testify as to the condition of the victim upon arrival, along with the 911 call, that may be enough for the case to move forward. As noted, DAs EXPECT that the victim will be uncooperative. Who knows, your attorney's plan may work. Then again it may not. But your attorney will be most familiar with your local courts, so they are always your best source of information upon which decision-making should occur.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  3. #3
    Join Date
    Jul 2010
    Posts
    3

    Default Re: Dismissing Domestic Violence Case

    thank you for your reply.
    the strongest charge is att assault. it is a b misdemeanor.
    the clock is 60 calender days for this charge correct?

  4. #4
    Join Date
    Jul 2010
    Posts
    3

    Default Re: Dismissing Domestic Violence Case

    If my wife shows up to court can she talk to the judge and hve the order of protection dismissed? It was her birthdday yesterday nd we can't celebrate it

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